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Wrongful Death Cases

Compassionate Support. Relentless Representation.

Losing a loved one is never an easy experience. When your loss is complicated
by the fact that an other's negligence, carelessness, or wrongful act
played a contributing role in your loved one's death, these matters can
become increasingly complex and overwhelming. At Duncan Law Firm, P.C.,
I offer my compassionate support and litigation experience to families
forced to endure the struggles of a wrongful death.

I pride myself on taking the time to ensure that my clients are fully educated
about their rights, the legal process, and what they can expect. The following
preliminary information is meant to help families become better acquainted
with California's wrongful death laws, including who is eligible to file
a claim and how compensation is awarded.

What is wrongful death and who can file a claim?

As a legal term, wrongful death is used to describe the death of any person
caused by the wrongful act or negligence of another. Such a situation
may arise out of a variety of circumstances, including car accidents,
truck accidents, medical malpractice, and others. When an individual passes
as the result of another's wrongful act or neglect, certain family members
of the deceased will be eligible to recover monetary compensation from
the at-fault person or party.

Under the California wrongful death statute, § 3.77.60 - 3.7762 of
the Code of Civil Procedure, wrongful death claims can be filed by the
decedent's living spouse, domestic partner, or children dependent on the
decedent. In the event that there are surviving immediate relatives, other
family members who would be eligible to inherent property through intestate
succession may be eligible to pursue a claim.

How is compensation awarded for wrongful death?

Compensation is awarded according to the facts inherent to a case. Generally,
eligible family members are eligible to recover any physical, emotional,
and / or financial damages resulting from their loved one's death. A decedent's
pain and suffering, as well as the emotional damages suffered by their
loved ones, will be considered by the court when awarding damages. Family
members will also be eligible to recover financial expenses to cover any
medical costs, funeral costs, and the loss of financial support of the decedent.

In certain cases that involve intentional misconduct or gross acts of negligence,
families may also be able to obtain additional compensation in the form
of punitive damages. Punitive damages are not awarded in every case, as
they serve as further punishment and set an exemplary statement that deters
others from committing the same acts. If punitive damages are applicable
in a wrongful death case, I will work tirelessly to present clear and
convincing evidence of a wrongdoer's intentional misconduct and / or egregious
negligence to further maximize compensation.

Work with Duncan Law Firm, P.C.. You Don't Pay Unless You Win!

At times of such tremendous turmoil, I know that families who have lost
a loved one require genuine support and aggressive representation at all
stages of their legal journey. I am here to guide you and your family
through the unfamiliar wrongful death claim process, and I will make it
a point to fight for the compensation you deserve. If you would like to
learn more about filing a wrongful death claim, your rights and eligibility,
and the ways in which I can help, then please do not hesitate to request
a free case evaluation.

Allow me to thoroughly review your case and explain what you can expect
and precisely what I can do to be of assistance.
Contact my firm today.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.